1 Topics
• Details of the new law
• Impact on Santa Clara
• Options for local controls
2 City Council /
Planning
Commission Study
Session
Item 2 RTC 22-85
SB 9: California HOME Act
January 25, 2022
2 '
POST MEETING MATERIAL
1 3
4 Ministerial Approval of ...
• 2 units per R-1 lot
-Add a second SFR to a lot
with an existing SFR
-Build two new SFRs
I
-Build new duplex
2 5
6 Ministerial Approval of ...
• Lot splits
-Divisions of 50/50 to 40/60
("approximately equal area")
-Both parcels ~ 1200 sf
-Applicant must intend to
occupy a unit for 3+ years
''Ministerial Approval'' means:
• No CEQAreview
• No hearings .
• City cannot disapprove, unless:
-does not meet objective criteria
-Specific health & safety impacts
3 7
8 Where SB 9 applies
All R-1 lots in urbanized areas, except:
• Rental units
• Historic properties
• Certain special types of land (wetlands, prime
farmland, conservation easements)
What the City can impose
• Easements for provision of.
public facilities & services
• Requirement that new
parcels are connected to a
public right-of-way
• Limitation on short-term
rentals
4 9
10 What the City can impose
• "Objective" zoning, subdivision & design
. standards*
• "Objective" means:
-no personal or subjective judgment
-uniformly verifiable
-knowable by both the applicant & public official
*Limitations on city control
• Setbacks
___ ...... ---7--...................... ...
!JA)(IMUM r~::: I _.,. .. ,,
BUlOING I
''
,;,
-Maximum side/rear: 4 feet
-No requirement for existing
structure, or same footprint
• No correction of LNC
conditions 10
5 11
12 *Limitations on city control
• Parking
-Site > ½ mi from transit:
1 space per unit
-Site < ½ mi from transit:
no parking spaces
*Limitations on city control
• Subdivision improvements
-No dedications of PROW •
-No construction of off site improvements
• Development standards must allow for
construction of 2 units of 800 sf each
11 12
6 13
14 How Often Can It Be Used
• Limit of one
subdivision under SB
9. • Any subsequent lot
split would have to go
through standard
subdivision process
Interplay with ADUs
• Existing law:
-SFR + 1 detached ADU + 1
attached JADU = 3 du
-MFR + 2 detached ADU s
=4+du
13 14
7 15
16 Interplay with ADUs
• If no lot split: ·
ok to build AD Us
• 2 SFRs +
1 detached ADU +
1JADU = 4du
Interplay with ADUs
• After lot split: no ADU
allowed, if result is > 2
units on either lot
• 1 SFR + • 1 SFR +
1ADU 1SFR
. = 2du = 2du
total: 4 units
15 16
8 17
18 Interplay with ADUs
SB 9's Maximum Potential:
• Prior to lot split, ok to
buildADUs
Interplay with ADUs
SB 9's Maximum Potential:
• Prior to lot split, ok to
buildADUs
• After lot split, ADU laws
cannot be used.
17 18
9 Upcoming
• Redondo Beach lawsuit
• Initiative petition
19 19
20 10
21 22
SB 9 Potential New Home Creation City of Santa Clara
• Approx. 18,000 single-family lots subject to SB 9
• In 2020 a total of 74 permits for AD Us filed
• SB 9 would increase number of market-feasible units on less than 4-percent of eligible single-family lots in Santa Clara (approx. 700 lots) "Will Allowing Duplexes and Lot Splits on Parcels Zoned for Single-Family Create New Homes? Assessing the Viability of New Housing Supply Under California's Senate Bill g". Terner Center 2021.
Key Implementation Topics
• Parking
• Urban Lot Split Standards
• Privacy
• Maximum Unit Size
• Neighborhood Compatibility
21 22
11 23
24 Parking -SB 9 Requirement and Examples
Number of Spaces:
Max. 1 parking space
per unit or no parking if
parcel within ½-mile of
high-quality transit
corridor or major transit
stop or if car share
within one block.
Design Standards:
Not defined in SB 9
Sunnyvale & San Jose
Same as SB 9
If parking required or proposed,
spaces must meet current
Zoning Code requirements for
size, design, and placement
Parking -Recommendations
Number of Spaces:
Max. 1 parking space
per unit or no parking if
parcel within ½-mile of
high-quality transit
corridor or major transit
stop or if car share
within one block.
Additional Requirements
City of Santa Clara
Same as SB 9
If parking required or proposed,
spaces must meet current
Zoning Code requirements for
size, design, and placement
Campbell
Same as SB 9
Meet current Zoning Code
requirements for size, except
uncovered spaces allowed and
may encroach into required front or
street-side yard setback
Exempt SB 9 units from providing
any parking like ADUs.
NA
12 25
26 Urban Lot Splits -SB 9 Requirement and Examples
Min. Lot Size:
One parcel shall not be
smaller than 40% of the
lot area of the original
parcel and both newly
created parcels are no
smaller than 1,200
square feet.
Min. Lot Width:
Not defined in SB 9
San Jose
Same as SB 9
30-feet of street frontage and
average width. Width of flag
pole portion of flag lot between
12 and 15 feet.
Campbell
Same as SB 9
25-feet of street frontage and
minimum width. Flag lots allowed
12-foot frontage.
Urban Lot Splits -Recommendations
Min. Lot Size:
One parcel shall not be
smaller than 40% of the
lot area of the original
parcel and both newly
created parcels are no
smaller than 1,200
square feet.
Min. Lot Width:
Not defined in SB 9
City of Santa Clara
Same as SB 9
Min. 24-feet of street frontage and average width.
Min., 12~feet and Max. 15-feet width of flagpole portion of flag lot. (note: 24-feet is 40% of a typical 60 foot wide lot) 26 13 60'W 60'W
Conventional
4' rear 4' rear
Lot Split
Example
Two Lots
Q) ,,
·.;;
3o'Wx1oo'D
a,-
0 0
= 3,ooosf 0 0
0 0
..--..--
Q) Q)
Or
,, ,,
·.;; ·.;;
a,-a,-
24' Wx 100' D
= 2,400s£
and
36'Wx1oo'D 20' front 20' front 20' front 20' front
= 3,600s£ 50-50 Split 40-60 Split
27 60'W
Flag
4' rear
Lot Split
Q)
Q) ,, ,, ·.;; ·.;; a,-
Example
a,-
Rear Lot 15' flag front
6o'Wx40' D 0
+ 12'Wx 60' D 0 4' rear
= 3,120s£
0 ..--
Q) Q)
Front Lot ,, ,, ·.;; ·.;;
a,-a,-
48'Wx 60' D
= 2,880s£
20' front
12'dw
28 14
29 30
60'W
Flag
4' rear
., ., Buildable Area
Lot Split
"CJ "CJ
·.;
52' Wx 16' D = 832sf
·.;
" " Example
10' flag front
Rear Lot
4' rear
6o'Wx3o'D 0
+ 12'Wx7o'D 0
0 = 2,64osf ...---., ., "CJ
·.; "CJ
"
·.;
Front Lot "
48'Wx7o'D
= 3,36osf
20' front
12'dw
Privacy -SB 9 Requirement and Examples
Size/PlacemenUStyle
Second Story Windows:
Not addressed in SB 9
Second Story Balconies
and Roof Decks:
Not addressed in SB 9
Sunnyvale
Windows facing a side property
line must be high sill and
opaque unless no other location
available for required egress
Campbell
Windows less than 8 feet from rear
and interior property lines shall be
clerestory. Other windows only
min. number and size for egress.
Balconies and decks more than Balconies only permitted on front 2-feet above grade: 1 0-foot side elevation of primary dwelling unit. and 20-foot rear setback when Rooftop terraces/decks prohibited. adjacent to residential.
30 15.
31 32
Privacy -SB 9 Requirement and Examples
Palo Alto San Jose
Size/Placement Second
Stories:
Second floor area not permitted
within the side and rear yard
setbacks of underlying zoning
district.
1 story, 20-foot height limit within
20-feet of rear property line.
Not addressed in SB 9
Privacy -Recommendations
Size/Placement/Style Second Story
Windows:
Not addressed in SB 9
Second Story Balconies and Roof
Decks:
Not addressed in SB 9
Size/Placement Second Stories:
Not addressed in SB 9
City of Santa Clara
Second story egress windows shall face the front
property line or interior of the project. Otherwise
windows must be either of the following: sill height
5-foot min. above finished floor; clerestory; or
opaque/frosted glass.
Roof decks are prohibited. Balconies only allowed
within underlying setbacks with a maximum depth
of 4-feet.
SB 9 units greater than one story in height must
have a minimum 15-foot rear yard setback
(consistent with proposed ADU standards)
31 32
16 33
34 Maximum Unit Size -SB 9 Requirement and Examp es
Campbell Sunnyvale
Maximum Unit Size:
Not addressed in SB 9.
Local standards may not
preclude construction of
up to 2 units that are at
least 800 sf.
1,200 sf subject to maximum
FAR and lot coverage Based on 45% FAR
Maximum Unit Size:
Not addressed in SB 9. Local
standards may not preclude
construction of up to 2 units
that are at least 800 sf.
Recommendation
City of Santa Clara
1,000 sf for new SB 9 unit(s)
(subject to existing Zoning Code
40%. maximum lot coverage)
Note: Although local standards may not preclude construction of up to 2 units that are at least 8oosf, applicants may propose units as small as 220 square feet (as allowed by Building Code).
33 34
17 35
36 Neighborhood Compatibility -Examples
Front and Street
side/corner setbacks:
Front not addressed in
SB 9. SB 9 side 4-feet
Front door
placement/orientation:
Not addressed in SB 9
Campbell
Front setback per Zoning Code.
Front and street-side elevations
of the second-story shall be
recessed by 5-feet from the first
story, as measured wall to wall
Sunnyvale
Front setback per Zoning Code.
Front yard setback minimum 25-
feet for the second story
35 Neighborhood Compatibility -Examples
Garage location/size:
Not addressed in SB 9
Front yard landscaping:
Not addressed in SB 9
Campbell
Street-facing attached garages
shall not exceed 50% of the
linear width of the front yard or
street-side yard elevation
Sunnyvale
Not more than 50% of the required
front yard shall be paved with
asphalt, concrete cement, or any
other impervious surface, except
as may be required to meet off-
street parking and access
18 37
38 ibility -Recommen
City of Santa Clara
Front and Street-side setbacks:
Front not addressed in SB 9 Per current underlying zoning SB 9 side 4-feet
Front door placemenUorientation: For units within 30-feet of street, main entrance door or Not addressed in SB 9 entry porch must be oriented to street and no more than 5-feet behind the front most wall of the house
Garage location/size: For garages within 30-feet of street, max. garage width Not addressed in SB 9 with garage door facing street: 40% width of newly created lot with.
Front yard landscaping: Min. 60% of required front yard maintained as un-paved Not addressed in SB 9 landscaping, except as may be required to meet min. off street parking and access requirements of Zoning Code. 37 Next Steps
• Interim Guidance
• Draft Ordinance
• Public Hearings (Spring)
• Planning Commission
• City Council
• Zoning Code Update Integration (Spring)
38 19
39 City Council /
Planning
Commission
Study Session
. Item 2 RTC 22-85
SB 9 California HOME Act
January 25, 2022
20